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Nursing assessment skills are one of the nurse’s most valuable assets. This is the main reason why whenever someone filed a complaint against you involving negligence and medical malpractice, your license could be put in danger if not defended by a nurse attorney.

At the time of the incident, she was employed as an LVN at a medical facility in Plano, Texas, and had been in that position for five (5) months.

On or about May 4, 2020, through May 5, 2020, while employed as an LVN at a medical facility in Plano, Texas, LVN failed to ensure that a resident was appropriately assessed when he exhibited shortness of breath and required administration of a breathing treatment. Additionally, LVN failed to notify the physician of the resident’s change of condition. Approximately thirty (30) minutes later, the patient was found unresponsive with no pulse, requiring cardiopulmonary resuscitation and transfer to the hospital. LVN’s conduct was likely to injure the resident from ineffective treatment and deprived the resident’s physician of the opportunity to institute timely medical interventions.

In response, LVN states that during her evening medication pass the resident asked for a breathing treatment. LVN states that the resident did not have his oxygen on at the time and his oxygen saturation was eighty-eight (88) percent. LVN states that she administered oxygen via nasal cannula and a breathing treatment was started before leaving. LVN states she returned to the room and found the resident slumped backward across the bed. LVN states he was unresponsive with no pulse. LVN stated she administered cardiopulmonary resuscitation (CPR) until emergency medical services (EMS) arrived. LVN reports that the Resident was transferred to the hospital at midnight and that EMS was able to get a pulse rate before leaving the facility.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D),(1)(M),(1)(P)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(11)(B).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Make sure that you will not make the same mistake as the RN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.

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